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Key Elements of the Proposed Canada Consumer Product Safety Act

June 2010

The new proposed Canada Consumer Product Safety Act (CCPSA) would better protect the health and safety of Canadians. Among other things, Bill C-36 would:

  • prohibit the manufacture, importation, advertisement or sale of any consumer products that pose an unreasonable danger to human health or safety;
  • require industry to report when they know about a serious incident, or death, related to their product to provide government with timely information about important product safety issues;
  • require manufacturers or importers to provide test/study results on products when asked;
  • allow Health Canada to recall dangerous consumer products;
  • make it an offence to package or label consumer products that make false or deceptive health or safety claims;
  • require companies to retain documents to help trace products throughout the supply chain; and
  • raise fines and penalties for non-compliance.

How Bill C-36 differs from the former Bill C-6

The Government has listened to the issues raised by some stakeholders and parliamentarians and has amended the Bill. These amendments do not compromise the spirit of the Bill nor the level of protection it would provide to Canadians.

The amendments include the following:

  • The term "storing" has been defined in order to clarify that Health Canada inspectors' authorities would not extend to products that individuals store for their personal use.
  • The original Bill stated that a product safety inspector could pass through or over private property while carrying out their functions without being liable for doing so. The amendment to the trespass provision addresses concerns by removing the phrase "and they are not liable for doing so."
  • An amendment has been made so that the Minister of Health, not a product safety inspector, would be accountable for ordering product recalls and other related measures.
  • An amendment has also been made to further define the time frame for the review of orders. Under the previous Bill, a review officer was required to complete the review "within a reasonable time." This has now been further defined to say: "no later than 30 days after the day on which the request is provided to the Minister."